| 1 | The Justice Appropriations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | House Concurrent Resolution |
| 7 | A concurrent resolution proposing the adoption of Joint |
| 8 | Rule 9, Joint Rules of the Florida Legislature, relating |
| 9 | to compensation for the wrongfully incarcerated. |
| 10 |
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| 11 | Be It Resolved by the House of Representatives of the State of |
| 12 | Florida, the Senate Concurring: |
| 13 |
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| 14 | That Joint Rule 9, Joint Rules of the Legislature, is |
| 15 | hereby created to read: |
| 16 |
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| 17 | Joint Rule Nine |
| 18 | Compensation for Wrongful Incarceration |
| 19 |
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| 20 | 9.1-Eligibility |
| 21 | (1) A claim bill shall be allowed for wrongful criminal |
| 22 | felony convictions resulting in imprisonment if the claimant has |
| 23 | been granted judicial relief absolving the claimant of guilt on |
| 24 | the basis of actual innocence of the crime for which the |
| 25 | claimant was sentenced. |
| 26 | (2) As used in this Joint Rule, "actual innocence" means: |
| 27 | (a) The claimant was charged, by indictment or |
| 28 | information, with the commission of an offense classified as a |
| 29 | felony; |
| 30 | (b) The claimant did not plead guilty or no contest to the |
| 31 | offense charged or to any lesser included offense, unless the |
| 32 | claimant was charged with a capital offense; |
| 33 | (c) The claimant was convicted of the offense; |
| 34 | (d) The claimant was sentenced to incarceration for a term |
| 35 | of imprisonment as a result of the conviction; |
| 36 | (e) The claimant was imprisoned solely on the basis of the |
| 37 | conviction for the offense; |
| 38 | (f) The claimant did not, by his or her misconduct or |
| 39 | neglect, bring about the prosecution; |
| 40 | (g) The claimant's acts did not constitute a crime; and |
| 41 | (h) A court of competent jurisdiction found by clear and |
| 42 | convincing evidence that the offense for which the claimant was |
| 43 | convicted, sentenced, and imprisoned, including any lesser |
| 44 | included offenses, was not committed by the claimant and issued |
| 45 | an order vacating, dismissing, or reversing the conviction and |
| 46 | sentence and providing that no further proceedings can be or |
| 47 | will be held against the claimant on any facts and circumstances |
| 48 | alleged in the proceedings which had resulted in the conviction. |
| 49 | (3) A claimant shall not be eligible for compensation if |
| 50 | the claimant was also serving a concurrent felony sentence. |
| 51 | (4) The claimant must comply with both the Senate Rules |
| 52 | and the Rules of the House of Representatives and shall not file |
| 53 | a claim bill later than 2 years after the order vacating, |
| 54 | reversing, or dismissing the sentence, except that all other |
| 55 | judicial and administrative remedies need not be exhausted. |
| 56 |
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| 57 | 9.2-Relief |
| 58 | (1) Upon a finding of actual innocence and that all |
| 59 | conditions of this Joint Rule have been satisfied, the |
| 60 | Legislature may award the claimant relief as specified in Joint |
| 61 | Rule 9.3 and Joint Rule 9.4. |
| 62 | (2) Any person awarded compensation pursuant to this Joint |
| 63 | Rule who is subsequently convicted of a felony shall, |
| 64 | immediately upon such conviction, not be eligible to receive any |
| 65 | unpaid amounts or benefits from any compensation awarded in the |
| 66 | relief act. Any amount from an annuity that is forfeited |
| 67 | pursuant to this section shall revert to the state General |
| 68 | Revenue Fund. |
| 69 | (3) No award for relief pursuant to this Joint Rule shall |
| 70 | include punitive damages. |
| 71 | (4) The relief act may include an apology made by the |
| 72 | Legislature on behalf of the State of Florida. |
| 73 |
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| 74 | 9.3-Nonmonetary Compensation |
| 75 | (1) HEALTH CARE PLAN.-The relief act may direct the |
| 76 | appropriate state agency to purchase a comprehensive health care |
| 77 | plan, including dental and mental health coverage. |
| 78 | (2) EDUCATIONAL ASSISTANCE.-The relief act may waive |
| 79 | tuition and fees for up to a total of 4 years of instruction at |
| 80 | any career center established pursuant to section 1001.44, |
| 81 | Florida Statutes, at any community college established under |
| 82 | part III of chapter 1004, Florida Statutes, or any state |
| 83 | university. The relief act shall state that for any educational |
| 84 | benefit made, the claimant shall be required to meet and |
| 85 | maintain the regular admission requirements of, and be |
| 86 | registered at, such career center, community college, or state |
| 87 | university and make satisfactory academic progress as defined by |
| 88 | the educational institution in which the claimant is enrolled. |
| 89 | (3) JOB PREFERENCE.-The relief act may award first |
| 90 | preference in employment by the state and its political |
| 91 | subdivisions. |
| 92 | (a) The relief act must state that the claimant must be |
| 93 | otherwise eligible for employment with the hiring agency or |
| 94 | political subdivision. |
| 95 | (b) The relief act must state that the job preference |
| 96 | benefits awarded do not apply to positions that are exempt from |
| 97 | the State Career Service System under section 110.205(2), |
| 98 | Florida Statutes, positions which are filled by officers elected |
| 99 | by popular vote or persons appointed to fill vacancies in such |
| 100 | offices, members of boards and commissions, persons employed on |
| 101 | a temporary basis without benefits, heads of departments, and |
| 102 | positions that require licensure as a physician, osteopathic |
| 103 | physician, chiropractic physician, engineer, or membership in |
| 104 | The Florida Bar. |
| 105 | (4) WAIVER OF FEES.-The relief act shall waive any |
| 106 | statutory fees required to expunge any arrest or court records |
| 107 | as otherwise subject to expunction by law or court rule and |
| 108 | shall waive any fees for copying costs or other costs of |
| 109 | obtaining public records in furtherance of such expunction. |
| 110 |
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| 111 | Rule 9.4-Monetary Compensation |
| 112 | (1) The relief act may provide compensation in an amount |
| 113 | to be determined by the Legislature. |
| 114 | (2) Any compensation computed pursuant to subsection (1) |
| 115 | may be awarded in a lump sum or may be paid in an initial lump |
| 116 | sum equal to 20 percent of the compensation award with the |
| 117 | remaining 80 percent of the principal of the compensation award |
| 118 | to be used by the Chief Financial Officer to purchase an |
| 119 | annuity. If the Legislature directs that an annuity be |
| 120 | purchased, the relief act must state the following: |
| 121 | (a) That any annuity purchased shall be purchased from any |
| 122 | A+ rated company, to provide equal monthly installments to the |
| 123 | claimant for a period certain of a stated number of years |
| 124 | commencing no later than 1 year after the effective date of the |
| 125 | appropriation; |
| 126 | (b) That the annuity shall provide that it shall not be |
| 127 | sold, discounted, or used as security for loans and mortgages by |
| 128 | the claimant; and |
| 129 | (c) That the annuity shall contain beneficiary provisions |
| 130 | providing for the annuity's continued disbursement in the event |
| 131 | of the death of the claimant, subject to the provisions of Joint |
| 132 | Rule 9.2(2). |
| 133 |
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| 134 | 9.5-Release and Waiver |
| 135 | As a condition of receiving any compensation under this |
| 136 | Joint Rule, a claimant shall execute a release and waiver on |
| 137 | behalf of the claimant or his or her heirs, successors, and/or |
| 138 | assigns forever releasing the State of Florida or any agency, |
| 139 | instrumentality, officer, employee, or political subdivision |
| 140 | thereof, or any other entity subject to the provisions of |
| 141 | section 768.28, Florida Statutes, from any and all present or |
| 142 | future claims the claimant or his or her heirs, successors, |
| 143 | and/or assigns may have against such enumerated entities and |
| 144 | arising out of the factual situation in connection with the |
| 145 | conviction for which the compensation is being sought under this |
| 146 | Joint Rule. |
| 147 |
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| 148 | 9.6-Collateral Sources |
| 149 | The claimant is not eligible for compensation if the |
| 150 | claimant was awarded a final judgment in a court of law, or has |
| 151 | received any funds pursuant to a settlement agreement for |
| 152 | compensation or damages arising out of the factual situation in |
| 153 | connection with the conviction for which compensation is sought |
| 154 | under this Joint Rule. |
| 155 |
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| 156 | 9.7-Attorney's and Lobbyist's Fees |
| 157 | Attorney's and lobbyist's fees are subject to the |
| 158 | provisions of section 768.28(8), Florida Statutes. No |
| 159 | compensation shall be made for attorney's fees charged for legal |
| 160 | services relating to a finding of actual innocence as defined by |
| 161 | this Joint Rule. |
| 162 |
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| 163 | 9.8-Sovereign Immunity; Limits of Liability |
| 164 | The passage of a relief act pursuant to this Joint Rule |
| 165 | shall not be deemed to have waived any defense of sovereign |
| 166 | immunity or to have increased the limits of liability on behalf |
| 167 | of the state or any person or entity subject to the provisions |
| 168 | of section 768.28, Florida Statutes. |